These General sales conditions regulate relations between Megavision and its Customers in relation to the remote purchase of Products made through the company’s Internet website.
For everything not expressly covered by these General sales conditions reference is made to the provisions of Law Decree 185 dated 22 May 1999 and to the applicable provisions of the Italian Civil Code.
Customer: indicates the individual person who, in relation to the sales contracts entered into with Megavision, acts for purposes not related to any business or professional activities performed.
Megavision: indicates Megavision, registered with the Chamber of Commerce of Udine under no. 247050, Tax Code and VAT no. 02258300306.
Site: indicates the internet website owned by Megavision, distinguished by the URL www.giarre.com
Products: indicates the goods sold by Megavision to the Customer shown in the Order Confirmation and having the features and qualities described on the website.
Contract: indicates the agreement, covered by these General sales conditions, entered into between Megavision and the Customer following the acceptance by Megavision of the Order Confirmation, whereby Megavision undertakes to deliver the Products to the Customer in accordance with the procedures and terms specified below.
Order Confirmation: indicates acceptance by the Customer, sent to Megavision through the computer, of the unit price of the Product (meaning the total price of the Products in the case of a multi-article purchase), of transport costs, of the characteristics and quality of the Product (or Products) and of the provisions of these General sales conditions.
Megavision’s e-commerce business involves dealing exclusively with the “consumer”, to whom the products are offered on sale on the website. By “consumer” is meant the individual person who, with respect to the Contracts, acts for purposes not related to any business or professional activities performed. Megavision therefore invites those bodies which do not fall within the “consumer” category not to send purchase orders relating to the articles sold by Megavision on the website. Considering the above-described business policy, Megavision reserves the right not to follow-up orders placed by bodies other than “consumers” or orders that do not conform to its business policies.
3) Conclusion and purpose of the Contract
- The receipt by Megavision of the Order Confirmation, sent by the Customer through the computer, shall determine the closing of the Contract. By closing the Contract, Megavision undertakes to provide the Customer with Products, in accordance with the terms and the conditions indicated in these General sales conditions, without prejudice to Megavision’s right not to accept orders from persons who do not provide suitable guarantees of solvency.
- By sending the Order Confirmation, the Customer accepts without reserve and undertakes to observe, in its dealings with Megavision, the provisions of these General sales conditions. Sending the Order Confirmation therefore implies the Customer’s total awareness and acceptance of these General sales conditions as well as of the further details contained on the pages of the website.
- Upon the Contract being closed with the receipt of the Order Confirmation by Megavision, the latter shall send the Customer an e-mail message containing details of the relevant order (prices, quantities and Product characteristics).
Payment of the Product price and relevant delivery costs must be made by the Customer using one of the procedures indicated on the website.
5) Declarations, obligations and guarantees
Megavision is not in a position to guarantee exact correspondence to the real garments in terms of image and colours as these appear on the Customer’s monitor. The Parties mutually accept that the products presented on the website may no longer be available or on sale at the time the site is accessed by the user and that the relevant prices could undergo updating. All the Products are complete with refund label attached with single-use seal. If the Customer tries the Products on, this must be done without removing the label and relevant seal. Therefore, Megavision shall be entitled not to accept returned Products devoid of the label and seal, pursuant to art. 6.
6) Right of withdrawal
- The Customer is entitled to withdraw from the Contract, without any penalty and without specifying the reason within 14 (fourteen) calendar days of receipt of the Products. The right of withdrawal must be exercised within the aforementioned term [Return Policy].
- The right of withdrawal shall be deemed correctly exercised once the following conditions have also been fully met:
- a) the Products must be in the same conditions in which they were at the time of dispatch;
- b) the refund label must still be attached to the Products with the single-use seal;
- c) the Products must not have been used, worn or washed;
- d) the Products must be returned in their original packaging;
- e) the returned Products must be sent to Megavision in a single dispatch. Megavision reserves the right not to accept garments belonging to a single order returned and dispatched at different times.
- If the right to withdraw is exercised by the Customer in conformity with the provisions of these General sales conditions, Megavision shall refund any sums already paid, net of any shipping costs to the Customer, as quickly as possible and, always, within 30 (thirty) days from the date on which it became aware of the Customer’s decision to exercise its right to withdraw.
- In the event of the conditions established in these General sales conditions for correctly exercising the right to withdraw not being observed, the Customer shall not be entitled to any refund of the sums already paid to Megavision; nevertheless, the Customer shall be entitled, at its own expense, to the return of the Products in the condition in which they were sent back to Megavision. It remains understood that if the Customer decides not to make use of the faculty indicated above, Megavision shall be entitled to withhold the Products and the sums already received.
7) Applicable law
The Contract shall be governed by Italian law.